According to court documents, Mrs Thompson woke up an hour after nurses had left the baby with her, finding him unresponsive in her arms. She also declined comment about the hospital's policies about newborns sharing beds with mothers.

"Jacob was a true miracle baby", Monica Thompson tells PEOPLE in a written statement.

Thompson describes feeling "still drowsy and groggy" from her medication at the time. Jacob had suffered brain damage due to lack of oxygen and his parents had to turn off his life support because he was in an irreversible comatose state.

Earlier that night she had been given "narcotic painkillers and sleep aids" by nurses at the Portland Adventist Medical Center in the state of OR, her lawsuit states. Monica and her husband, Graham Thompson, terminated his life support on August 12, 2012, based on recommendations from doctors, according to the complaint.

"She poked him and talked to him with no reaction", reads the lawsuit.

She said in a statement through her lawyer, "I am sharing our story in the hopes that no mother or family will ever have to suffer through a preventable tragedy such as this". What happened to us could've easily been prevented had the nurses been doing their job'.

"I am Jacob's voice in making sure his life won't be in vain". Unless of course, Thompson wasn't on the narcotics and sedatives she claimed she was or the hospital egregiously erred by allowing her to breastfeed under the influence in the first place?

The lawsuit seeks $8.6 million in damages for the baby's "desperation and anxiety" caused by his suffocation, along with his mother's "severe emotional distress upon unintentionally killing her firstborn child".

Tragically Jacob's death came after the Thompsons struggled with infertility for 12 years before they became pregnant with Jacob in 2012.

They are now the parents to a toddler daughter - but they still mourn the loss of Jacob.

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